The shooting of a child is overwhelming and devastating for the child and the family. The knowledge that a shooting was the direct result of someone else’s negligent actions can make it that much more painful.
In Kentucky, a gun owner is liable for damages caused by their weapon. If your child was injured or killed by a gun, contact us today. We’ll put you in touch with one of our attorneys at Kaufman & Stigger, PLLC right away. We are compassionate and here to provide you with legal advice.
Firearm Accidents Involving Children and How They Occur
The Centers for Disease Control and Prevention (CDC) has stated that hundreds of U.S. children have lost their lives or been involved in accidents involving guns in the home over the past two decades. In most of these cases, a gun was not properly stored away from children and was already loaded. In 2021, a CDC study discovered that there were 82 unintentional fatal gun accidents involving children up to the age of 10 years old in just 2021 alone.
The truth is, most of these accidents can be prevented when proper precautions are taken within homes. Firearms inside homes with children should always be locked away, unloaded, and ammunition should be kept away from the firearm where children cannot access it. This is one of the best ways to ensure that children are kept safe from injurious and even fatal accidents involving firearms. Through the education of adults who own firearms, more gun accidents involving children can be prevented.
When is a Gun Owner Negligent?
In Kentucky, people have a right to own firearms and protect their family. However, they must also exercise reasonable care to prevent injuries. Unfortunately, many accidental shootings occur at friends and family’s homes when a child thinks a gun is a toy and shoots themselves or a friend. An example of negligence includes failure to store a gun away from children properly.
Here are some other examples of gun owner negligence leading to accidents involving children:
- Selling a firearm to a minor
- Giving a firearm to a minor for free
- Failing to adequately lock up a gun
- Failing to exercise caution when lawfully shooting around children
If a child gained access to an adult’s lack of adequate storage of a fun, that adult gun owner could be fully liable for the damages that result. Parents or the legal guardian of a child can file a lawsuit against a responsible party if homeowners’ insurance does not cover all financial damages that the child or parents have suffered. Even though a lawsuit cannot undo the distress and grief caused by one of these accidents, it can help a family get back on their feet financially during one of the most difficult times in their lives.
Damages Resulting from Negligence
When a child is injured in an accident caused by a gun due to improper storage or any other number of reasons, serious damages can result. Monetary awards from injury claims involving children could include the following:
- Medical expenses a child sustained
- Pain and suffering
- Punitive damages meant to punish a negligent party
- Wrongful death damages if a child’s life was taken in an accident
As a child is recovering or a family is grieving such enormous losses caused by a gun accident, they should not have to worry about any bills. Financial compensation can be incredibly beneficial during these challenging times.
How a Hunting Accident Lawyer Can Help You
Though a personal injury or wrongful death claim can be handled on your own, it is extremely beneficial to have a lawyer on your side who can help you in your time of need. An attorney can help you with some of the following aspects after a gun accident:
- Help you determine if you are eligible for financial recovery
- Provide you with options of legal representation through settlement or court
- Gather useful evidence that can be used in your claim, including witness statements, medical records, and more
- Negotiate with the insurance companies to gain the most compensation in your claim
- Protect you and your rights if your claim goes to trial
Contact a Kentucky Gun Accident Lawyer Immediately
Gun-related accidents involving children can be devastating and have a huge impact on a family. When you need an attorney who will help you exhaust all options and provide you with resources that you need, our Kentucky gun accident lawyers at Kaufman & Stigger, PLLC are here for you. We will make sure that all responsible parties are held accountable for their actions after an accident. Please do not hesitate to contact us today for a free consultation.
